About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (April 21, 2022)

handle is hein.crs/govefpk0001 and id is 1 raw text is: USMCA: M t legie e since   g
USMCA: Motor Vehicle Rules of Origin

0

April 21, 2022

The United States-Mexico-Canada Agreement (USMCA),
approved by Congress on January 16, 2020 (P.L. 116-113),
entered into force on July 1, 2020. It replaced the 1994
North American Free Trade Agreement (NAFTA).
Congress has an oversight role in its implementation and
U.S. North American trade relations. A major issue
concerns the new rules of origin for the motor vehicle
industry, which were relatively contentious in the USMCA
negotiations and debate surrounding its passage.
Rules of origin (ROO) are the criteria used to determine the
national origin of a product. Most free trade agreements
have ROO provisions to determine which goods traded
between member countries are eligible for preferential
treatment. They generally seek to ensure that the benefits of
the agreement are granted to goods primarily produced by a
member country (and therefore subject to the entirety of its
commitments) rather than to goods made wholly, or in large
part, in other countries. Under USMCA, most goods that
contain materials from non-USMCA countries may be
considered as North American (i.e., eligible for preferential
treatment) if the materials are sufficiently transformed in
the region and the transformation results in a change in
tariff classification (called a tariff shift). USMCA's
general rule is that the regional value content (RVC) is not
less than 60% if the transaction-value method is used, or
not less than 50% if the net-cost method is used.
Producers generally have the option to choose which
method they use, with some exceptions, such as the motor
vehicle industry, which must use the net-cost method.
USMCA also has some product-specific rules for different
industries, which in some cases include additional
requirements, such as for textiles and apparel and motor
vehicles and motor vehicle parts.
Motor Vehicle ROO
NAFTA phased out U.S. tariffs on motor vehicle imports
from Mexico and Mexican tariffs on U.S. and Canadian
products as long as they met the ROO requirements.
USMCA maintains these tariff eliminations, but tightens the
ROO, as shown in Table 1. It also has a new provision to
streamline certification requirements and other provisions.
Possible Effects
During the negotiations, motor vehicle and parts
manufacturers generally supported retaining NAFTA ROO.
Labor groups, however, sought to require a higher
percentage of regional content, which they believed would
reduce the share of parts produced outside the United
States.
Some economists contend that the higher RVC content
requirement may have unintended consequences. For
example, they state that it would be more cost efficient for
motor vehicle and parts manufacturers to pay the 2.5% U.S.
MFN tariff rather than meet the extensive ROO
requirements. They argue that the new rules pose a risk to

North American auto production, because they may raise
production costs, resulting in higher vehicle prices, reduced
demand for motor vehicles, fewer auto exports, and
incentivize more automation in motor vehicle production,
thereby reducing demand for workers.
Table I. NAFTA and USMCA Motor Vehicle ROOs
NAFTA                     USMCA
62.5% RVC                 75% RVC for passenger
vehicles, light trucks, certain
parts
No labor value content rule  LVC stating that 40%-45% of
(LVC) (no wage requirement)  qualifying vehicles be
produced by workers earning
at least $16 per hour
No steel and aluminum     70% of a motor vehicle
requirement               manufacturer's steel and
aluminum purchases must
originate in North America
Source: CRS based on text of USMCA and NAFTA agreements.
The Congressional Budget Office (CBO) estimated that
USMCA's stricter ROOs for motor vehicles and new wage
requirements will result in a decline in duty-free imports of
motor vehicles and parts into the United States. A portion
of that decline would be replaced by domestic production,
while a portion would be replaced by imports subject to
duties. CBO estimates that U.S. importers of motor vehicle
and parts not meeting the higher ROO requirements will
pay approximately $3 billion in duties over the next decade.
A 2019 USMCA study by the U.S. International Trade
Commission stated that the ROO changes would have the
most significant effects on the U.S. economy and the motor
vehicle industry and could lead to price increases or vehicle
consumption decrease in the United States.
Auto manufacturers in Mexico are concerned that they may
lose U.S. market share to auto imports from Asia. Even
with these concerns, some motor vehicle producers support
USMCA and say that complying with the new rules of
origin may be challenging, but probably manageable.
Entry into Force and Implementation
USMCA entered into force on July 1, 2020. To help
importers adjust to the new rules under USMCA, U.S.
Customs and Border Protection (CBP) established the
USMCA Center to coordinate implementation of the trade
agreement. CBP staff at the center organized outreach
events, developed information resources, and provided
technical guidance to public and private sector stakeholders.

ittps://trsreports.corgress.gt

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most